Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor's second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.
A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor's second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.
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